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ITU – WIPO Symposium

ITU – WIPO Symposium. The future for telcos is all IP (Intellectual Property) 8 October 2009 Malcolm Webb Partner Webb Henderson Legal and Regulatory Advisors www.webbhenderson.com. Internet Protocol. Intellectual Property. “Video is going to be the core product

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ITU – WIPO Symposium

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  1. ITU – WIPO Symposium The future for telcos is all IP (Intellectual Property) 8 October 2009 Malcolm Webb Partner Webb Henderson Legal and Regulatory Advisors www.webbhenderson.com

  2. Internet Protocol

  3. Intellectual Property

  4. “Video is going to be the core product in the fixed-line business” Ivan Seidenberg, the chief executive of Verizon Communications (New York Times, September 17th 2009)

  5. Sharks of the digital age

  6. Unruly Disruptive Unregulated

  7. Market power from IPRs

  8. heavy ex ante access regulation

  9. Network effects

  10. More apps More users More apps

  11. market power concerns over IPRs same as market power concerns over physical bottlenecks

  12. Watering down of rights

  13. Mandated access

  14. Dim investment incentives

  15. Standards

  16. Greater role for proprietary technologies

  17. “This anti-trust thing will blow over”Bill Gates 1999

  18. Exceptional circumstances

  19. 1. Indispensible

  20. 2. Eliminate effective competition

  21. 3. Prevent emergence of new products

  22. No objective justification

  23. “...the proliferation of nomadic services requires networks, handsets, content protection and security applications that are interoperable. Most of the time, these issues are resolved by market mechanisms: the win-win of open interfaces and standards is that the market can grow for all. However, and this is particularly relevant in the presence of network externalities, dominant players may try to use proprietary standards to lock consumers into their products or to extract very high royalties from market players. EC competition rules will play an important role in tackling such practices.” European Commission 2008

  24. Platforms

  25. Project Kangaroo

  26. JV prohibited

  27. The Economist 2009

  28. Thank you.malcolm.webb@webbhenderson.comwww.webbhenderson.com

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